Top Rated Pedestrian Accident Attorney in Albany, NY
New York’s pedestrian accident laws exist to protect people on or near the road. There are unique rules in place for filing pedestrian accident claims in Albany and other counties throughout the state. For starters, New York is a no-fault insurance state, which makes filing pedestrian accident claims look a little different. It’s wise to talk to an Albany pedestrian accident lawyer about your legal options based on the facts of your case.
Injured pedestrians in Albany and throughout the state of New York have been trusting the attorneys at Gattuso & Ciotoli, PLLC, to represent them in complex injury cases for decades. Our team is comfortable negotiating with insurance companies and navigating litigation through the Albany City Court or the Albany County Supreme Court, depending on the scope of your losses.
Navigating New York’s Pedestrian Accident Laws
Pedestrians are the most vulnerable parties on the road in New York. In fact, pedestrian injuries are among the leading causes of injury-related hospitalizations and fatalities in New York State. Every year, it’s estimated that 300 pedestrians die and another 15,000 are injured in traffic accidents across the state.
These types of accidents can be the result of driver negligence, pedestrian error, or other external factors. Common causes of pedestrian accidents in Albany can include:
- Distracted driving
- Driving while intoxicated
- Failing to yield
- Heavy traffic congestion
- Impaired pedestrians
- Poorly lit streets
- Poorly marked roads
- Speeding and reckless driving
- Unsafe crossing
Some pedestrian accidents truly are freak accidents. In August 2026, a 66-year-old woman died in a pedestrian-involved bus crash. It’s believed that she tripped and fell in front of the moving vehicle. Establishing fault in a vehicle accident can be complicated, especially when so many factors are at play. That’s why it’s recommended that you hire a pedestrian accident lawyer to represent you and help you secure the compensation you’re rightfully owed.
Filing a Pedestrian Accident Claim Against a Government Entity in Albany
In the event a government entity is at fault for a pedestrian accident, injured parties are able to hold them liable for their actions or negligence. There are different rules for navigating claims against government municipalities. For starters, you must file a notice of claim within 90 days of the accident. Once the Comptroller’s Office responds to the case, you have 30 days to accept the offer.
It’s important to note that your claim might not settle with the Comptroller’s Office. In the event they can’t make an offer, or they deny your claim altogether, you can pursue legal action through the Albany City Court or the Albany County Supreme Court.
When filing against the State of New York, you must go through the New York Court of Claims. The Court of Claims doesn’t have jurisdiction over the government at any level. This is the exclusive venue for seeking damages in cases against state-related entities like:
- City University of New York
- New York State Power Authority
- New York State Thruway Authority
- Olympic Regional Development Authority
- Roswell Park Cancer Institute Corporation
You typically don’t have to worry about caps on damages even when filing against government employees or entities.
Recoverable Damages in Albany Distracted Driving Cases
What damages you can recover in a distracted driving accident depends on the scope of your losses and the nature of the claim you file. Since New York is a no-fault state, your first move is to file a no-fault claim to recover compensation through your own insurance. Your coverage offers compensation for economic damages such as:
- Lost wages
- Medical bills
- Out-of-pocket costs
- Property damage costs
Additionally, you can pursue legal action to recover damages for non-economic losses like pain and suffering. If your losses meet the “serious injury” threshold under New York law, you can also pursue a personal injury claim in court. Factors that meet this threshold include:
- Body function impairments
- Bone fractures
- Dismemberment
- Loss of a fetus
- Permanent loss of organ use
- Significant disfigurement
No matter the details of your case, it’s highly recommended that you work with an Albany pedestrian accident attorney to navigate the claims process and recover fair compensation for your losses.
Navigating a Pedestrian Accident Claim With an Uninsured Driver
Under New York’s laws, pedestrians typically recover initial economic damages through the liable driver’s personal injury protection (PIP) insurance instead of their own policy. However, if the at-fault driver is uninsured, pedestrians can access their own insurance or state funds to recover compensation for their losses. This is also an option in the event of a hit-and-run.
You also may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC) if no insurance exists on either side. It is also possible to pursue direct legal action against the at-fault party. However, it’s going to be more difficult to recover fair compensation directly from the source. People without insurance often don’t have the finances or assets to cover that sort of loss.
An Albany Pedestrian Accident Lawyer You Can Trust
Gattuso & Ciotoli, PLLC, has 50+ years of combined experience under its belt representing injured individuals throughout Central New York and New York State. Our team provides one-on-one attention to each and every client that comes through our door, allowing us to form personalized strategies based on the facts of each case.
Thanks to our hard work, we have a high success rate on past cases over the years.* As a local firm, we know how to navigate cases in and out of the courtroom. We also have taken the time to develop relationships with other lawyers and state judges to make representing our clients even easier. We’re rated by Super Lawyers® and have earned the trust and respect of countless satisfied clients over the years.** We’re ready to help you next.
FAQs
When Do Pedestrians Have the Right of Way in New York?
When pedestrians have the right of way in New York depends on where they are on the road and whether or not they’re following the law. Pedestrians have the right of way in both marked and unmarked crosswalks at intersections and on sidewalks where cars can pass over, such as driveways or alleyways. Pedestrians don’t have the right of way when crossing outside of crosswalks or going against traffic signals.
Who Can Be Held Liable in a Pedestrian Accident in Albany?
Who can be held liable in a pedestrian accident in Albany depends on how the crash happened. Our Albany pedestrian accident attorneys have helped our clients file against a number of different at-fault parties in these cases, including:
- Negligent drivers
- Negligent pedestrians
- Government municipalities
- Commercial employers
- Vehicle owners
In the event of an accident, more than one party can be at fault, which can impact how much you’re owed in damages.
Are Damages Capped in Albany Pedestrian Accident Cases?
Damages are typically not capped in Albany pedestrian accident cases. Under New York’s no-fault law, pedestrians can file a claim with the driver’s insurance policy to recover economic damages. They may also recover damages for pain and suffering through a personal injury claim.
If the losses meet New York’s threshold for serious injuries, claimants can also file personal injury claims to recover a fuller scope of their economic losses. An Albany pedestrian accident lawyer can help with your recovery.
How Much Time Does It Take to Settle a Pedestrian Accident Claim in Albany?
How much time it takes to settle a pedestrian accident claim in Albany depends on the complexity of your case and whether or not you settle out of court. The timelines for navigating a no-fault claim and a personal injury claim are different and vary depending on numerous factors, including:
- Disputes against your claim
- The extent of the injuries
- Whether the case goes to court
An Albany pedestrian accident attorney can keep you on the right track.
Hire a Pedestrian Accident Lawyer in Albany to Help You Recover the Compensation You Deserve
In the wake of a pedestrian accident, it’s imperative that you understand your rights and legal options for protecting yourself and recovering fair compensation for your losses. An Albany pedestrian accident attorney from Gattuso & Ciotoli, PLLC, can evaluate your situation and help you recover the compensation you’re rightfully owed after an accident.
Our local firm has been representing injured New Yorkers in complex cases for decades, and we’ve earned the reputation as a trusted local personal injury law firm. You can count on us to advocate for your interests in and out of the courtroom and to help you through any challenges that arise along the way.
If you want to discuss your case in more detail with an Albany pedestrian accident lawyer, look no further than Gattuso & Ciotoli, PLLC. You can call our office near you to learn more about your legal options today. We have an office in Central New York near I-481 and I-690 and another in the Financial District near the Upper Bay. Call to schedule an initial consultation with a member of our team to get started today.
*Past settlements don’t guarantee future case results. Every case is unique.
**Criteria for ratings and other accolades vary by organization.